Aug 9 2006 13:09 ge/A9/ 2886 13:85 8584146749 DEPR OGA PAGE 83/86 STATE OF FLORIDA. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF VETERINARY MEDICINE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, y. CaseNo. 2005-015251 PETER WEINGER BIRZON, DVM, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Petitioner”), files this Administrative Complaint before the Board of Veterinary Medicine against PETER WEINGER BIRZON, DVM , ("Respondent"), and alleges: 1, Petitioner is the state agency charged with regulating the practice of veterinary medicine, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 474, Florida Statutes. 2. At all times material hereto, Respondent was licensed in the State of Florida as a veterinarian, having been issued license number VM 4053. 3. Respondent's address of record is 855 North Nob Hill Road, Plantation, Florida 33324. 4, On April 11, 2003, Respondent performed a splenectomy on a dog named “King.” 5. During the April 11, 2003 splenectomy, Respondent left a surgical sponge in King’s caudal abdomen. Aug 9 2006 13:09 68/69/2686 13:65 8584146749 DEPR OGA PAGE 84/86 6, The surgical spounge left by Respondent was entangled in the patient’s intestines and entrapped in granulation tissue. 7. On August 4, 2003, King was presented to Dr. Mare Pinkwasser was diagnosis and treatment for intermittent vomiting. 8. On August 11, 2003, Dr. Pinkwasser conducted abdominal radiographs of King, which revealed a foreign object in the dog’s abdominal cavity. 9. On August 11, 2003, Dr. Pinkwasser performed an exploratory laparotomy, which revealed the surgical sponge lodged in the dag’s candal abdomen. 10. Section 474,214(1)(), Florida Statutes, states that “[bJeing guilty of incompetence or negligence by failing to practice medicine with that level of cate, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances” constitutes grounds for which disciplinary action may be taken by the Board of Veterinary Medicine, il. Failure to ensure that all surgical or medical spounges are removed from a patient after a surgical procedure is not within the acceptable standard of care for a reasonably prudent veterinarian under the circumstances, 12. Based on the foregoing, Respondent violated Section 474.214(1)(1), Florida Statutes, by leaving a surgical sponge in King’s caudal abdomen, and is therefore subject to discipline by the Board of Veterinary Medicine pursuant to sections 474.214(1)(r) and 474.214(2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Veterinary Medicine enter an order imposing one or more of the following penalties: revocation or suspension of the Aug 9 2006 13:09 ge/A9/ 2886 13:85 8584146749 DEPR OGA PAGE 85/86 Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine not to exceed $5,000 per violation, issuarice of a reprimand, placement of the Respondent on probation, assessment of costs association with the investigation, imposition of any or all penalties delineated within section 455,227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to chapters 455 and/or 474, Florida Statutes, and/or the tules promulgated thereunder. Signed this ézw day of _, Janney __, 2005. Pan inters eas Assistant General Counsel Case # 2004-038230 Counsel for the Department: F L F D Drew F. Winters nt of Business and Professional Regutation Assistant General Counsel Department 0 AGENCY CLERK Florida Bar Number 0679941 Department of Business and Professional Regulation Office of the General Counsel CLERK Su hr f . (Jado own 1940 North Monroe Street j- / i a 006 Tallahassee, FL 32399-2202 . DATE, DFW/lhe June 10, 2005 Pep dad [1-1#-09

Docket for Case No: 06-002863PL